New Era Begins At High Court

A new era begins Monday at the U.S. Supreme Court, as newly confirmed Chief Justice John Roberts takes his seat at the head of the court.

Sandra Day O'Connor, who earlier this year announced her wish to retire, is still on the job – filling in as President Bush weighs his choices for a nominee to take O'Connor's place.

"He's still working," said White House chief of staff Andy Card, asked Sunday for an update on the nomination decision. "Still considering lots of options."

The White House has not disclosed who is on the president's short list for the nomination, and has not offered a hint on when a decision will be announced. But few observers expect it will be a long wait.

"The president," says CBS News Legal Analyst Andrew Cohen, "has an obligation to Sandra Day O'Connor to give her the retirement she asked for back in July," as he moves forward with what he wants to do on the court.

In the meantime, says Cohen, "O'Connor is going to act like an associate justice until she is replaced. There may be some cases where she sits and hears oral arguments, and maybe even participates in the decision, then isn't on the court when that decision is handed down."

"If that's the case," Cohen explains, O'Connor's "vote will not count. If she's the 'five' in one of those 5-4 votes that she's seem to always be involved in, it would then be a 4-4 tie, and then the court would have to decide what to do then."

Legal experts who are in touch with administration officials say the president is most likely to choose a woman to replace O'Connor, even though many of the often-mentioned candidates are white men.

There continues to be talk in legal circles that he could pick one of three longtime Bush loyalists: White House counsel Harriet Miers, the first women president of the Texas State Bar and Bush's former personal attorney; Attorney General Alberto Gonzales, Bush's longtime friend, who would be the first Hispanic on the court; and corporate lawyer Larry Thompson, who was the government's highest ranking black law enforcement official when he was deputy attorney general during Bush's first term.

Other candidates mentioned most frequently in recent days include conservative federal appeals court judges J. Michael Luttig, Priscilla Owen, Karen Williams, Alice Batchelder and Samuel Alito; Michigan Supreme Court justice Maura Corrigan; and Maureen Mahoney, a well-respected litigator before the high court.

Justice Stephen Breyer, when asked if he thought President Bush should appoint another woman, deflected the question, replying, "For me to talk about the appointment process is a little bit like... seeing the recipe for Chicken a la King from the point of view of the chicken."

Appearing Sunday on ABC's "This Week," Breyer said, "We're a big country, and there are people of many different points of view, and it's helpful, not harmful, to have a court made up of people of diverse backgrounds, points of view and so forth."

On Monday, Bush is going to the Supreme Court for a formal ceremony at which Roberts, who was confirmed by the Senate 78-22 and sworn in at the White House on Thursday, assumes the role of chief justice. Following tradition, Roberts will don his robe for the first time and take the center seat last held by the late former Chief Justice William H. Rehnquist.

The president declined twice on Sunday to say whether he'd made up his mind about a second nominee.

Reporters asked President Bush on the South Lawn as he was returning from Camp David. The president, strolling with first lady Laura Bush, just smiled and waved. He was asked again as he left a worship service traditionally held the Sunday before new Supreme Court term begins. This time, Mr. Bush ducked in his limousine without a reply.

President Bush attended the worship service, known as the Red Mass, with Roberts and Justices Breyer, Antonin Scalia, Clarence Thomas and Anthony M. Kennedy.

The service has been held at the Cathedral of St. Matthew the Apostle since 1952 by the John Carroll Society, a group of Washington professionals who are Catholics. The name of the service, which dates back centuries, comes from the red vestments worn by the celebrants. Red, the color of fire, is a symbol of the Holy Spirit.

Cardinal Theodore E. McCarrick, archbishop of Washington, greeted President Bush and told the standing-room-only crowd that they were there to pray for Roberts and for guidance in the new term. He noted that the last time he spoke at the cathedral was during Rehnquist's funeral.

"In the last few days, we have witnessed a period of greater civility in the selection of our chief justice," McCarrick said, looking ahead to Mr. Bush's next nomination to the high court. "I pray that that will continue because it is so important not just for good government, but for the good care of our people who look here to all of you and your colleagues for the kind of leadership that is not destructive or too intensely partisan."